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The Legitimacy of Investment Arbitration: Empirical Perspectives

The Legitimacy of Investment Arbitration: Empirical Perspectives

Author: Daniel Behn; Ole Kristian Fauchald; Malcolm Langford
Publisher: Cambridge University Press
ISBN: 9781108837583
Published In: January 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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International investment arbitration remains one of the most controversial areas of globalisation and international law. This book provides a fresh contribution to the debate by adopting a thoroughly empirical approach. Based on new datasets and a range of quantitative, qualitative and computational methods, the contributors interrogate claims and counter-claims about the regime's legitimacy. The result is a nuanced picture about many of the critiques lodged against the regime, whether they be bias in arbitral decision-making, close relationships between law firms and arbitrators, absence of arbitral diversity, and excessive compensation. The book comes at a time when several national and international initiatives are under way to reform international investment arbitration. The authors discuss and analyse how the regime can be reformed and ow a process of legitimation might occur.

1. Introduction: The Legitimacy Crisis and the Empirical Turn

Daniel Behn, Ole Kristian Fauchald, Malcolm Langford

2. The International Investment Regime and its Discontents

Daniel Behn, Ole Kristian Fauchald, Malcolm Langford

Part I. Process Legitimacy: Independence and Impartiality

3. Testing Cognitive Bias: Experimental Approaches and Investment Arbitration

Sergio Puig, Anton Strezhnev

4. The Influence of Law Firms in Investment Arbitration

Runar Hilleren Lie

5. Arbitrator Challenges in International Investment Tribunals

Chiara Giorgetti

6. Dissents in Investement Arbitration: On Collegiality and Individualism

Daphna Kapeliuk

Part II. Process Legitimacy: Legal Reasoning

7. Foreign Investors, Domestic Courts and Investment Treaty Arbitration

Szilárd Gáspár-Szilágyi

8. Ensuring Correctness or Promoting Consistency: Tracking Policy Priorities in Investment Arbitration through Large-scale Citation Analysis

Wolfgang Alschner

9. Fair and Equitible Treatment: Ordering Chaos through Precedent

Florian Grisel, Meng Jia Yang

Part III. Output Legitimacy

10. The West and the Rest: Geographic Diversity and the Role of Arbitrator Nationality in Investment Arbitration

Malcolm Langford, Daniel Behn, Maxim Usynin

11. Mixing Methodologies in Empirically Investigating Investment Arbitration and Inbound Foreign Investment

Shiro Armstrong, Luke Nottage

12. Double Jeopardy? The Use of Investment Arbitration in Times of Crisis

Cedric Dupont, Thomas Schultz, Merih Angin

13. Who has Benefited Financially from Investment Treaty Arbitration? An Evaluation of the Size and Wealth of Claimants

Gus Van Harten, Pavel Malysheuski

14. Explaining China's Relative Absence from Investment Treaty Arbitration

Fredrik Lindmark, Daniel Behn, Ole Kristian Fauchald

Part IV. Legitimation Strategies

15. Does International Arbitration Enfeeble or Enhance Local Legal Institutions?

Catherine Rogers, Christopher Drahozal

16. Learning from Investment Treaty Law and Arbitration: Developing States and Power Inequalities

Mavluda Sattorova, Oleksandra Vytiaganets

17. Legitimation through Modification: Do States Seek More Regulatory Space in Their Investment Agreements?

Tomer Broude, Yoram Haftel, Alex Thompson

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